139 Ga. App. 169 | Ga. Ct. App. | 1976
Plaintiff and her husband purchased a mobile home from defendant, which, when delivered by the defendant’s employees, rapidly developed leaks, etc., damaging the interior and furnishings primarily as a result of damage sustained in the process of delivery, although there was evidence the mobile home had a leak in it before the sale. Numerous efforts were made by the defendant and his repairman to correct the damage, but the leaks, etc., continued until defendant ordered a new mobile home to replace the one delivered, which arrived on his lot. The plaintiffs husband was accidentally shot and killed and credit insurance paid off the balance of the purchase price
1. Enumerations of error 3 and 4, which relate to the question of liability, will not be considered in view of the stipulation of counsel submitting the case to the jury solely on the question of damages.
2. The admission of the answer to the hypothetical question by a witness as to the mobile home being worthless after the damage was done was based upon the contention that the facts assumed in the hypothetical question had not been proven and particularly the fact that the mobile home had been dropped while being transported. There was evidence that it was not dropped but that the trailer hauling the mobile home ran off in a ditch and in the process of jacking up the trailer to get it
3. There was evidence, admitted without objection, that the mobile home bore a one-year’s service warranty. The trial court, therefore, did not err in basing the recovery on breach of warranty (failure to repair), as well as for the negligent damages done to the mobile home during the process of delivery. The damages found were well within the range of the evidence, and the trial judge, under the evidence, was not restricted solely to the diminution in market value of the mobile home. There was evidence of other damage to the furniture* and furnishings.
4. The motion to assess damages on the grounds the appeal was for the purpose of delay only under Code § 6-1801, is denied.
Judgment affirmed.